ON FOURTH ANNIVERSARY OF ABORTED ELECTIONS ROUNDTABLE
ON NIGERIA DEMANDS STRONGER US POLICY ON NIGERIA

Washington, D.C.-- It has been four years since the
Nigerian military hijacked the democratic aspirations
of the Nigerian people and re-installed itself in power.
During that time, Nigeria has endured unprecedented
repression under the regime of General Sani Abacha.
Human rights abuses have included arbitrary detention,
extrajudicial executions, restrictions on free expression,
association and the emasculation of the Nigerian judicial
system through decrees and the use of military tribunals.
These abuses have been documented by international
and national organizations including the United Nations
Human Rights Commission, the European Union, and the
United States Department of State.

Despite the threat this situation presents to long term
stability in Nigeria and to the rest of West Africa,
policy makers around the world have been negligent.
This has left Gen. Abacha free to peddle and push his
dubious transition process on a weary populace. Indeed,
the General has become so confident that he has launched
a violent campaign to restore a democratically elected
government in Sierra Leone. IRTON condemns the military
coup in Sierra Leone and supports coordinated efforts
to resolve the crisis. In addition, IRTON believes
that Nigeria's military must respect the democratic
wishes of the Nigerian people before it can have any
legitimacy to act militarily in support of democracy
in West Africa.

Current US policy encourages Nigeria's cynical adventurism
because Washington is unwilling to provide any diplomatic
or military leadership itself. US policy to promote
stability in West Africa must begin with support for
the pro-democracy movement in Nigeria itself. The United
States must be prepared to back and participate in
military efforts to foster peace and security in West
Africa instead of relying on the bankrupt military
regime in Nigeria.

IRTON believes the critical fault of the Clinton administration
and US Congress is a lack of political will. The United
States should not reward a dictatorship. Nor should
the US hope to reform a military that has already aborted
one eight-year transition program and is now repeating
the charade.

IRTON calls for the release of all prisoners of conscience,
repeal of all repressive laws, and the calling to account
of those responsible for the repression in Ogoniland
and the destabilization of other sectors of Nigerian
society. Until these issues have been resolved there
can be no free or fair transition process, no democractic
government and no lasting stability in Nigeria.

SECTION 1. SHORT TITLE. This Act may be cited as the
"Nigeria Democracy Act".

SEC. 2. FINDINGS. The Congress makes the following findings:

(1) The November 10, 1995, execution by hanging of Ken
Saro-Wiwa and eight other Ogoni environmental activists
was carried out by the Government of Nigeria after
a trial that ignored the fundamental standards of legal
process, and despite the pleas for clemency by the
African and international community, as well as the
United States Administration, the Chairman and ranking
minority member of the Committee on International Relations
of the House of Representatives, and the Chairman of
the Congressional Black Caucus and the co-chairs of
the Human Rights Caucus of the House of Representatives.

(2) The United Nations recommended in both March and
April of 1996 that the Government of Nigeria release
the bodies of the Ogoni Nine for proper burial and
paid compensation to the families of the deceased.

(3) This heinous action followed an October 1, 1995,
ambiguous statement by Nigerian military leader General
Sani Abacha, that the country would be returned to
civilian democratic rule in three years, and a lifting
of the ban on political parties while at the same time
not repealing the Treasonable Offenses Decree which
allows the arrest of anyone speaking against the government.

(4) General Abacha"s announcement was pressured
by the outrage of the international community for his
March 1995 arrest and conviction to long prison terms
by secret trial of some 43 persons for involvement
in a so- called coup. Among those convicted and still
incarcerated are former President General Olusegun
Obasanjo, the only military leader in Nigeria to return
power to democratic civilian rule, General Shehu Musa
Yar-Adua, deputy to the President in Abaasanjo"s
Administration, and later, human rights activist Beko
Ransome-Kuti.

(5) The people of Nigeria and the international community
had been led to believe that the presidential election
held in Nigeria on June 12, 1993, would result in a
return to full democratic civilian rule in Nigeria.

(6) General Ibrahim Babangida, the head of Nigeria"s
military government at the time of the June 12, 1993,
election interrupted the release of the election results
on June 23, 1993, and later annulled the election,
thereby preventing a return to civilian rule.

(7) The election process indicated that voters in Nigeria--a
country with a population of approximately 90,000,000
persons comprising 250 ethnic groups and spread across
357,000 square miles--were expressing a spirit of national
unity that transcended ethnic, religious, and regional
allegiances.

(8) The reported returns suggested that Chief M.K.O.
Abiola of the Social Democratic Party was receiving
a substantial majority of the votes cast, leading the
poll in 20 of the 30 States in Nigeria.

(9) The annulment of the presidential elections resulted
in various forms of civil unrest, which in turn led
to the deaths of more than 100 persons.

(10) An interim government established by General Babangida
on August 27, 1993, and headed by Ernest Shonekan,
failed to win the support of the Nigerian people.

(11) General Sani Abacha took power on November 17,
1993, appointing an unelected Provisional Ruling Council
to govern Nigeria.

(12) Chief M.K.O. Abiola was imprisoned in solitary
confinement for over one year for pressing his claim
as the elected democratic leader of Nigeria, and still
remains incarcerated today.

(13) The political and economic conditions in Nigeria
have continued to deteriorate in the months since Abacha
took control of the country.

(14) The faith of the Nigerian people in the viability
of the nation as a unified whole must be preserved,
and the balkanization of Nigeria guarded against.

(15) The people of Nigeria have not accepted the continuation
of military rule and have courageously spoken out in
favor of the rapid return of democratic and civilian
rule.

(16) On May 15, 1994, a broad coalition of Nigerian
democrats formed the National Democratic Coalition
calling upon the military government to step down in
favor of the winner of the June 12, 1993 election.

(17) The confidence of the Nigerian people and the international
community in the Provisional Ruling Council"s
commitment to the restoration of democracy can only
be established by a sustained demonstration of a commitment
to human rights, due process, and the return of civilian
rule.

(18) The United States would prefer to have a relationship
with Nigeria based upon cooperation and mutual support
but cannot, and will not, condone or overlook the denial
of democratic civilian rule, against the clear wishes
of the Nigerian people, by the Provisional Ruling Council
or any other body in Nigeria.

(19) The lack of support from the Nigerian authorities
on drug trafficking issues forced the United States
for the last 2 years to place Nigeria on the list of
countries penalized for failure to seriously address
the narcotics proliferation issue, thus endangering
vulnerable youth in our communities.

(20) Continuing credible reports of widespread corruption
and questionable business practices in the Nigerian
Government and "scams" in the United States,
and the lack of cooperation in addressing these problems
by the Nigerian Government, further undermines Nigeria"s
credibility in the international community, and is
a constant embarrassment to approximately 1,000,000
law-abiding Nigerian Americans.

(21) Nigeria"s leadership role on the African continent,
especially in the area of peacekeeping, will be severely
compromised by its failure to rejoin the world community
of democratic nations.

(22) Nigeria was recently suspended from the Commonwealth,
a forum linking Britain and former colonies, and African
countries like South Africa have already called for
diplomatic, economic, and sports sanctions, since the
limited sanctions imposed by the United States Administration
have had little effect in safeguarding the lives of
the people of Nigeria and moving Nigeria toward democracy.

SEC. 3. DECLARATIONS OF POLICY.

(a) Commitment to Unity and Democracy by the Nigerian
People.--The Congress continues to support the Nigerian
people in their commitment to unity and democracy as
evidenced by their participation in the June 12, 1993,
presidential election in Nigeria, and in their subsequent
insistence on the return to full civilian and democratic
rule.

(b) Actions Taken by the United States.--While the Congress
endorses the limited steps taken by the Administration
to demonstrate United States opposition to the annulment
of the June 12, 1993, presidential election in Nigeria,
more needs to be accomplished to encourage the restoration
of fully democratic and civilian rule in Nigeria.

(c) Sanctions to be Implemented in Coordination With
International Community.--The Congress declares that
the sanctions against Nigeria contained in this Act
should be taken in concert with the international community
and the United Nations to the maximum extent possible.

(d) Increase in Democracy Building and Rule of Law Assistance.--The
Congress declares that the finite foreign assistance
resources of the United States Government provided
to Nigeria should be re-prioritized within present
budget levels in order that more funds can be expended
for democracy building and the promotion of the rule
of law through nongovernmental organizations in Nigeria.

SEC. 4. SANCTIONS AGAINST THE GOVERNMENT OF NIGERIA.

(a) United States Measures To Promote Democracy and
Human Rights.--

(1) No assistance.-- (A) In general.--Except as provided
in subparagraph (B), no assistance may be made available
under the Foreign Assistance Act of 1961 or the Arms
Export Control Act to the Government of Nigeria. (B)
Exceptions.--The prohibition in subparagraph (A) shall
not apply to assistance for democracy building and
the promotion of the rule of law through nongovernmental
organizations.

(2) International financial institutions.--The President
shall instruct the United States Executive Director
of each international financial institution to vote
against any loan or other utilization of the funds
of the respective institution to or from Nigeria.

(3) Air transportation.--Air transportation with Nigeria
shall be prohibited in accordance with subsection (b).

(4) Defense articles and services.--No defense article
or defense service may be sold or financed with respect
to Nigeria, and no license to export to Nigeria a defense
article or service may be issued.

(5) Exclusion of Nigerians from admission to the united
states.-- Except as required by United States treaty
obligations, any Nigerian national who formulates,
implements, or benefits from policies which hinder
Nigeria"s transition to democracy and members
of their immediate families shall be ineligible to
receive a visa and shall be excluded from admission
into the United States.

(6) Eximbank, OPIC, and TDA.--No funds available to
the Export-Import Bank of the United States, the Overseas
Private Investment Corporation, or the Trade and Development
Agency may be used with respect to Nigeria.

(7) Prohibition of new investment.-- (A) In general.--No
national of the United States may, directly or through
another person, make any new investment in Nigeria,
including new investments in the energy sector. (B)
Effective date.--The prohibition contained in subparagraph
(A) shall take effect 45 days after the date of enactment
of this Act.

(8) Assets freeze.--The President, acting through the
Secretary of the Treasury, shall exercise the authority
of the International Emergency Economic Powers Act
to block the assets of any Nigerian national who formulates,
implements, or benefits from policies which hinder
Nigeria"s transition to democracy and members
of their immediate families.

(b) Prohibition of Air Transportation With Nigeria.

[detailed wording available on-line at http://thomas.loc.gov]

(c) Multilateral Measures To Promote Democracy and Human
Rights.--The President shall instruct the United States
Permanent Representative to the United Nations to actively
pursue the passage of any resolution by the United
Nations Security Council that enhances the cooperation
of other nations in the application of the spirit and
intent of the sanctions contained in this section.

(d) Waiver of Sanctions.--The President may waive any
of the sanctions contained in this section if the President
determines and certifies to the Congress that such
a waiver is important to the national interest of the
United States.

...

SEC. 6. REPORT. Not later than 3 months after the date
of the enactment of this Act, and every 6 months thereafter,
the President shall prepare and transmit to the Congress
a report on the extent to which Nigeria has made progress
toward democracy, civilian rule, and respect for internationally
recognized human rights.